Legal Question in Elder Law in New Jersey

Re: Poa

In order to properly answer your question, I would have to review the POA that you are referring to. Many power of attorney forms do not include authority to make medical or health decisions. Powers of attorney are usually drafted to authorize the agent (attorney-in-fact) to handle financial decisions.

However even if you mother has not executed a medical directive or appointed a medical health care agent, your family still has options. You may be able to have some home health care for her, part-time. You may consider hiring a geriatric care manager who can assess her situation and make recommendations as to care options in the home. Responsible geriatric care managers are trained nurses and/or social workers with good knowledge of care options in your specific area. Of course, the cost of care will be a factor, and you will have to engage the participation of your brother who has power of attorney, if he is controlling your mother's finances.

Depending on the degree of dementia of your mother, it may be necessary for a family member to petition the Superior Court Chancery Division judge in your area for Guardianship over your mother. There are specific steps which must be taken, and I would recommend that you hire an Elder Law attorney to assist you in this process.

If your concern is iminent elder neglect or abuse, you should contact the Adult Protective Services office in your county to intervene. They are authorized to investigate.